Legislative Summary | Spring 2005

26th Legislature First Session Spring 2005

Employment Pension Plans Act, R.S.A. 2000, c. E-8 – see Employment Pension Plans Amendment Act, Bill 35

LEGISLATIVE REVIEW SUMMARY SPRING 2005 26th Legislature - First Session

Employment Standards Code, R.S.A. 2000, c. E-9 – see Miscellaneous Statutes Amendment Act, Bill 42

HIGHLIGHTS

Energy Statutes Amendment Act, S.A. 2003, c. 18 – see Miscellaneous Statutes Amendment Act, Bill 42

Two private members bills, the Smoke-free Places Act and the Protection of Children Abusing Drugs Act, highlight this relatively quiet Winter session in terms of wider public interest. Several other important amendment acts include the Securities Amendment Act which attempts to bring Alberta legislation more in step with similar legislation across Canada, the Fatality Inquiries Amendment Act, the Business Corporations Amendment Act and the Fair Trading Amendment Act.

Fair Trading Act, R.S.A. 2000, c. F-2 – see Fair Trading Amendment Act, Bill 6 Family Law Act, S.A. 2003, c. F-4.5 – see Family Law Amendment Act, Bill 5 Fatality Inquiries Act, R.S.A. 2000, c. F-9 – see Fatality Inquiries Amendment Act, Bill 24

Bills 9, the Post-secondary Learning Amendment Act and 15, the Workers’ Compensation Amendment Act did not pass during this session.

Fiscal Responsibility Act, R.S.A. 2000, c. F-15 – see Financial Statutes Amendment Act, Bill 37

AMENDED LEGISLATION

Government Organization Act, R.S.A. 2000, c. G-1020 – see Health Statutes Amendment Act, Bill 7 and Miscellaneous Statutes Amendment Act, Bill 42

Administrative Procedures Act, R.S.A. 2000, c. A-3 – see Administrative Procedures Amendment Act, Bill 23

Health Care Protection Act, R.S.A. 2000, c. H-120 – see Health Statutes Amendment Act, Bill 7

Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 – see Alberta Corporate Tax Statutes Amendment Act, Bill 26

Health Professions Act, R.S.A. 2000, c. H-720 – see Health Statutes Amendment Act, Bill 7

Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 – see Health Statutes Amendment Act, Bill 7

Hospitals Act, R.S.A. 2000, c. H-1220 – see Health Statutes Amendment Act, Bill 7

Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c.

A-21 – see Financial Statutes Amendment Act, Bill 37

Hotel Room Tax Act, R.S.A. 2000, c. H-13 – see Hotel Room Tax (Tourism Levy) Amendment Act, Bill 21

Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A. 2000, c. A-22 – see Financial Statutes Amendment Act, Bill 37

Insurance Act, R.S.A. 2000, c. I-3 – see Insurance Amendment Act, Bill 34

Alberta Heritage Savings Trust Fund Act, R.S.A. 2000, c. A-23 – see Financial Statutes Amendment Act, Bill 37

Interpretation Act, R.S.A. 2000, c. I-8 – see Business Corporations Amendment Act, Bill 16

Alberta Heritage Scholarship Act, R.S.A. 2000, c. A-24 – see Financial Statutes Amendment Act, Bill 37

Land Titles Act, R.S.A. 2000, c. L-4 – see Miscellaneous Statutes Amendment Act, Bill 42

Alberta Housing Act, R.S.A. 2000, c. A-25 – see Miscellaneous Statutes Amendment Act, Bill 42

Mental Health Act, R.S.A. 2000, c. M-1320 – see Health Statutes Amendment Act, Bill 7

Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 – see Alberta Personal Income Tax Amendment Act, Bill 20 and Alberta Personal Income Tax Amendment Act, (No. 2), Bill 40

Mines and Minerals Act, R.S.A. 2000 c. M-17 – see Miscellaneous Statutes Amendment Act, Bill 42 Municipal Government Act, R.S.A. 2000, c. M-26 – see Municipal Government Amendment Act, Bill 28

Alberta Science and Research Authority Act, R.S.A. 2000, c. A-33 – see Alberta Science and Research Authority Amendment Act, Bill 4

Opticians Act, R.S.A. 2000 c. O-920 – see Health Statutes Amendment Act, Bill 7

Animal Protection Act , R.S.A. 2000, c. A-41 – see Animal Protection Amendment Act, Bill 22

Pharmacy and Drug Act, R.S.A. 2000, c. P-13 – see Pharmacy and Drug Amendment Act, Bill 38 and Pharmacy and Drug (Methamphetamine Limiting) Amendment Act, Bill 204

Assured Income for the Severely Handicapped Act , R.S.A. 2000, c. A45 – see Assured Income for the Severely Handicapped Amendment Act, Bill 29

Police Act, R.S.A. 2000, c. P-17 – see Police Amendment Act, Bill 36

Blue Cross Statutes Amendment Act, S.A. 2004, c. 5 - see Alberta Corporate Tax Statutes Amendment Act, Bill 26

Possessory Liens Act, R.S.A. 2000, c. P-19 – see Animal Keepers Act, Bill 32

Business Corporations Act, R.S.A. 2000, c. B-9 – see Business Corporations Amendment Act, Bill 16

Provincial Court Act , R.S.A. 2000, c. P-31 – see Provincial Court Amendment Act, Bill 25

Child, Youth and Family Enhancement Act, R.S.A. 2000. c. C-12 – see Miscellaneous Statutes Amendment Act, Bill 42

Public Health Act, R.S.A. 2000, c. P-3720 – see Health Statutes Amendment Act, Bill 7

Civil Enforcement Act, R.S.A. 2000, c. C-15 – see Miscellaneous Statutes Amendment Act, Bill 42

Queen Elizabeth II Golden Jubilee Recognition Act, S.A. 2002, c. Q-0.5 – see Miscellaneous Statutes Amendment Act, Bill 42

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Railway (Alberta) Act, R.S.A. 2000, c. R-4 – see Railway (Alberta) Amendment Act, Bill 13

City of Lloydminster Act, 2005 Bill 3

Real Estate Act, R.S.A. 2000, c. R-5 – see Real Estate Amendment Act, Bill 31

Repeals: c. L-19 Summary: powers of the powers.

In force:

Residential Tenancies Act, S.A. 2004 c. R-17.1 – see Residential Tenancies Amendment Act, Bill 10 School Act, R.S.A. 2000 c. S-3 – see Miscellaneous Statutes Amendment Act, Bill 42

Lloydminster Municipal Amalgamation Act, R.S.A. 2000, Defines the area of the City, governance of the City, Lieutenant Governor in Council and delegation of those May 10, 2005

Alberta Science and Research Authority Amendment Act, 2005 Bill 4

Securities Act, R.S.A. 2000, c. S-4 – see Securities Amendment Act, Bill 19

Amends: Alberta Science and Research Authority Act, R.S.A. 2000, c. A-33 Summary: Establishes the Information and Communications Technology Institute and the Life Sciences Institute, setting out the purposes, remuneration and constitution of each Institute.

In force: Upon proclamation.

Stray Animals Act, R.S.A. 2000, c. S-20 – see Stray Animals Amendment Act, Bill 33 Student Financial Assistance Act, S.A. 2002, c. S-20.5 – see Student Financial Assistance Amendment Act, Bill 14 Traffic Safety Act, R.S.A. 2000, c. T-6 – see Traffic Safety Amendment Act, Bill 39

Family Law Amendment Act, 2005 Bill 5

Victims of Crime Act, R.S.A. 2000, c. V-3 – see Victims of Crime Amendment Act, Bill 12

Amends: Family Law Act, S.A. 2003, c. F-4.5 Summary: New provisions regarding guardians, new definition of “respondent” and the presumption of biological fatherhood. Other minor changes.

In force: May 10, 2005

REPEALED LEGISLATION Lloydminster Municipal Amalgamation Act, R.S.A. 2000, c. L-19 – see City of Lloydminster Act, Bill 3

Fair Trading Amendment Act, 2005 Bill 6

Business Corporations Amendment Act, R.S.A. 2000, c. B-8 – see Business Corporations Amendment Act, Bill 16

Amends: Fair Trading Act, R.S.A. 2000, c. F-2 Summary: New definitions for “credit agreement”, “loan broker”, “commencement date”, “credit information”, “report”, “reporting agency”, “lender”, “collection agency”, “collector”, “investigated person”, “property”, “property freeze order”. Sets out what constitutes unfair practices on the part of a supplier and remedies for unfair practices. Establishes that consumer is not liable for any good or service received under a negative option, even if the consumer has agreed in writing. Consumer is now granted 10 days to cancel time share contracts. Increases consumer powers over personal credit information.

Sections 46 and 47 dealing with both positive and negative duties of reporting agencies are repealed. Additional regulation-making powers are granted. The rules pertaining to loan broker fees are slightly modified. There are new guidelines for lenders regarding notifying borrowers of interest rate changes. Reporting requirements for collection agencies are changed. Rules pertaining to auctioneers are changed.

The Director is given additional grounds to refuse to issue, renew or cancel or suspend a licence granted under the Act. Licensees must notify the Director of any changes in their status within 15 days rather than immediately. No action or proceeding may be commenced for damages for acts or performance of duties done in good faith. The investigative powers of the Director are amended. The Director may disclose to reporting agencies any default of 60 days or more in fine payments for convictions under the Act. There is an entirely new section dealing with Property Freeze Orders. There is a provision for public access to details of undertakings and orders under the Act. The Director has the power to enforce restitution orders. Section 165 now includes sole proprietorships and associated persons as well as corporations and partnerships as entities potentially liable under the Act. There is now no ceiling on the value of a restitution order as the $100 000 cap is removed.

Agrologists Act, R.S.A. 2000, c. A-13 – see Agrology Profession Act, Bill 17 Alberta Order of Excellence Act, R.S.A. 2000, c. A-29 – see Alberta Order of Excellence Act, Bill 18 Livery Stable Keepers Act, R.S.A. 2000, c. L-14 – see Animal Keepers Act, Bill 32 Protection from Second-hand Smoke in Public Places Act, R.S.A. 2000, c. P-30 – see Smoke-free Place Act, Bill 201

DETAILED LISTING OF BILLS Access to the Future Act, 2005 Bill 1 Summary: Provides for accessibility and affordability for entrance to public post secondary institutions, monitoring quality on advanced education and the implementation of the access to the future fund to enhance and expand participation in high quality advanced education.

Establishes an access advisory counsel to make recommendations regarding payment from the fund.

In force: Upon proclamation.

Alberta Centennial Medal Act, 2005 Bill 2 Summary: Alberta Centennial Medal is established as an official honour of the Crown in right of Alberta, to recognize individuals who have made significant contributions to society.

In force: March 24, 2005

In force:

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May 10, 2005

Health Statutes Amendment Act, 2005 Bill 7

period is placed on applying to the board for review of actions taken by the Railroad Administrator.

In force: Various dates

Amends: Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20, Government Organization Act, R.S.A. 2000, c. G-10, Health Care Protection Act, R.S.A. 2000, c. H-1, Health Professions Act, R.S.A. 2000, c.

H-7, Hospitals Act, R.S.A. 2000, c. H-12, Mental Health Act, R.S.A. 2000, c. M-13, Opticians Act, R.S.A. 2000 c. O-9, Public Health Act, R.S.A. 2000, c. P-37 Summary: Provides for name changes of various professional associations and colleges. Sets out various activities and designations that are restricted to members of certain professional associations and colleges.

In force: On various dates

Student Financial Assistance Amendment Act, 2005 Bill 14 Amends: Student Financial Assistance Act, S.A. 2002, c. S-20.5 Summary: Minor changes to the procedures for establishing maximum loan limits.

In force: June 2, 2005 Business Corporations Amendment Act, 2005 Bill 16 Amends: Business Corporations Act, R.S.A. 2000, c. B-9, Interpretation Act, R.S.A. 2000, c. I-8 Repeals: Business Corporations Amendment Act, R.S.A. 2000, c.

B-8 Summary: Professional Corporations may now add a descriptor indicating the type of professional services the Corporation provides.

Corporate names can be duplicated if the original corporation has been dissolved for 6 or more years.

Special rules are established respecting unlimited liability corporations. Some of the highlights include the codification of joint and several liability for all shareholders, guidelines for continuance of extra-provincial corporations as unlimited liability corporations and guidelines for converting unlimited liability corporations to limited corporations. Listed shareholders must disclose names and addresses of unlisted shareholders upon request of the Registrar.

Splitting of shares is permitted in certain circumstances.

Rules for corporations holding shares in themselves are established.

Changes are made to provisions relating to directors and officers including reducing the percentage of resident Canadian directors required to conduct business and allowing electronic participation in meetings of both directors and shareholders.

All corporations must now prepare lists of shareholders entitled to receive notice of meetings, regardless of the number of shareholders. No records must be kept of votes for or against a resolution. Facsimile signatures are accepted as proof of acceptance of financial statements. Protection is provided to persons who report to the auditor. There is an adjustment to some of the rules pertaining to compulsory purchase of shares.

Shareholders may dissolve a corporation whose liabilities have been assumed by its parent corporation if the parent is a Canadian corporation. Responsibilities of a liquidator are set out. Finally, there are some changes made to notice requirements.

In force: On proclamation

Personal Information Protection Amendment Act, 2005 Bill 8 Amends: Personal Information Protection Act, S.A. 2003 c. P-6.5 Summary: Minor changes to the information to which the Act does not apply. The guidelines for interaction between the Alberta Commissioner and extra-provincial Commissioner are delineated. Any right or power conferred upon a deceased person is expanded to include persons authorized by law to dispose of the deceased’s remains and person who is arranging the deceased’s funeral, so long as the exercise of the right relates to the funeral. A special committee must review the Act by July 1, 2006 and at least every 3 years thereafter and must report to the legislature within 18 months of beginning the review.

In force: June 2, 2005 Residential Tenancies Amendment Act, 2005 Bill 10 Amends: Residential Tenancies Act, S.A. 2004 c. R-17.1 Summary: A notice to terminate is ineffective if the landlord, either at the time the notice is served or within 7 days, serves the tenant with notice in writing objecting to the termination on grounds that the Public Health Act has been complied with. Other minor changes.

In force: June 2, 2005 Stettler Regional Water Authorization Act, 2005 Bill 11 Summary: ties to obtain discharge the In force:

Grants a licence for Stettler and surrounding communiwater from the South Saskatchewan River basin and water into the North Saskatchewan River basin.

May 10, 2005

Victims of Crime Amendment Act, 2005 Bill 12

Agrology Profession Act, 2005 Bill 17

Amends: Victims of Crime Act, R.S.A. 2000, c. V-3 Summary: Minor changes to the principles which apply to the treatment of victims of crime. The new principles place greater emphasis on considerations for the safety and security as well as the provision of more information to the victims of crime.

In force: May 10, 2005

Repeals: Agrologists Act, R.S.A. 2000, c. A-13 Summary: Establishes the Alberta Institute of Agrologists and sets out the role, operating guidelines and disciplinary procedures for the institute. Also establishes protected abbreviations and designations for members of the Institute.

In force: On proclamation

Railway (Alberta) Amendment Act, 2005 Bill 13

Alberta Order of Excellence Amendment Act, 2005 Bill 18

Amends: Railway (Alberta) Act, R.S.A. 2000, c. R-4 Summary: New definition of “road authority” and “highway crossing”. Railroad operators may apply to the Land Compensation Board to apportion maintenance costs of highway crossings. The Minister may make regulations permitting proceedings to be conducted before the Land Compensation Board pursuant to this Act. A 30 day limitation

Repeals: Alberta Order of Excellence Act , R.S.A. 2000, c. A-29 Summary: Changes the number of persons who may be granted membership in the Order from 5 to 10 each year.

In force: May 10, 2005

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Securities Amendment Act, 2005 Bill 19

humane societies upon having animals placed in their care. Peace officers are given the power to stop vehicles for inspections pursuant to the Act. In force: On proclamation

Amends: Securities Act, R.S.A. 2000, c. S-4 Summary: This Act provides for some significant changes to the structure of the Securities Act. This Act was implemented to aid in harmonizing securities legislation across Canada, as well, this legislation implements a passport system for securities regulation. Bill 19 gives the Commission enhanced enforcement and compliance powers through a variety of means.

Several sections are repealed and replaced entirely, including ss. 84, 85-89, 142, 143. There are new definitions for “investment fund”, “investment fund manager”, “material change”, “material fact”, “mutual fund” and “non-redeemable investment fund”.

Upon resignation or the end of a Commission member’s term the member is granted the authority to continue to take part in any proceeding over which that member has jurisdiction at time of termination. New record-keeping requirements and procedures for Continuous Disclosure Reviews are established. Duties to comply with Commission decisions and written undertakings are established. Frontrunning is explicitly disallowed. The maximum penalty for contravening securities laws is increased to $1 000 000. An entirely new section dealing with Interjurisdictional Compliance is added.

In force: On proclamation

Administrative Procedures Amendment Act, 2005 Bill 23 Amends: Administrative Procedures Act , R.S.A. 2000, c. A-3 Summary: The Administrative Procedures Act is renamed the Administrative Procedures and Jurisdiction Act. The existing Act becomes Part 1 and a Part 2 is added. Part 2 deals with jurisdiction to determine questions of constitutional law. A decision maker has no jurisdiction to determine questions of constitutional law unless regulations confer jurisdiction on that decision maker. Notice of any question of constitutional law must be provided at least 14 days prior to the date of hearing to various parties. A decision maker with jurisdiction may refer the question to the court instead of deciding the question. On any question of constitutional law the Attorney Generals of Canada and Alberta and the Minister of Justice of Alberta are entitled to be heard.

In force: On proclamation Fatality Inquiries Amendment Act, 2005 Bill 24 Amends: Fatality Inquiries Act, R.S.A. 2000, c. F-9 Summary: The Minister may order special investigations of Alberta residents who die outside of Alberta. Conditions under which a public fatality inquiry is required are amended. Appointment and responsibilities of inquiry counsel are established as well as rules pertaining to counsel’s ability to access information and records. Inquiries are to conducted by judge alone. A judge conducting an inquiry shall, prior to hearing evidence or may, during the inquiry, hold a conference pertaining to the inquiry. Rules for disclosure of records are established.

Rules pertaining to the examination and disposition of evidence are established. Section 9 of the Alberta Evidence Act is paramount to rules of evidence in this Act. The Minister must make the judge’s report available to the public.

In force: On proclamation

Alberta Personal Income Tax Amendment Act, 2005 Bill 20 Amends: Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary: Several amendments are made to reflect changes made to the parallel federal Income Tax Act. “Attributed Canadian royalty income” is redefined. Several amendments focus on calculations pertaining to income earned by individuals who are residents of Canada for only a portion of the taxation year.

In force: Various dates Hotel Room Tax (Tourism Levy) Amendment Act, 2005 Bill 21 Amends: Hotel Room Tax Act , R.S.A. 2000, c. H-13 Summary: The Hotel Room Tax Act is renamed the Tourism Levy Act. Several terms are defined or redefined, including “establishment”, “operator”, prepaid vacation package”, “purchase price”, “purchaser”, and “responsible representative”. The levy paid by purchasers is decreased to 4% for accommodation purchased after March 31, 2005. The levy applies to accommodation provided free of charge to contractors of operators. If the levy is not collected from purchasers it is deemed to be collected. Operators must be registered. The Minister may require that funds collected pursuant to the levy be held in a special account. Assessment rules are established, including increasing the time for assessment to 4 years. A late filing penalty is established. Third party payment rules are amended. Several amendments are made to provisions pertaining to the third party liability for unpaid levies. The Minister and the Court are given the power to extend the time for appealing assessments. Appeal procedures are amended.

In force: Various dates

Provincial Court Amendment Act, 2005 Bill 25 Amends: Provincial Court Act, R.S.A. 2000, c. P-31 Summary: A new section is added enabling full-time retiring judges to be reappointed as part-time judges. Rules pertaining to such a reappointment are established.

In force: On proclamation Corporate Tax Statutes Amendment Act, 2005 Bill 26 Amends: Alberta Corporate Tax Act, R.S.A. 2000, c. A-15, Blue Cross Statutes Amendment Act, S.A. 2004, c. 5 Summary: Under Division 1, Rules pertaining to partnerships for the purposes of calculating Royalty Tax Credits are established. A period where interest is not payable is created, so long as payment is made within stated period. Interest rates on, and rules pertaining to, overpayments are established. Procedures for objecting to an assessment are amended. Where a corporation transfers property to nonarms-length persons, both parties are jointly and severally liable for any amount that becomes payable respecting the transaction under the Act. Part 2 amends the Blue Cross Statutes Amendment Act. Refunds for overpayments by corporations may be paid out of the General Revenue Fund.

In force: June 2, 2005, with exceptions

Animal Protection Amendment Act, 2005 Bill 22 Amends: Animal Protection Act , R.S.A. 2000, c. A-41 Summary: Types of conditions deemed to place an animal in distress are made more encompassing while the activities which are excepted from the application of the Act are also increased. Animal care duties are imposed. A definition is provided for “abandoned animal”. Tariffs are provided for the recovery of expenses incurred by

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Appropriation (Supplementary Supply) Act, 2005 Bill 27

ing to the disposition of proceeds of sale are established. A person who has an interest in detained or sold animals or gear may make application to the Court for a determination of rights of parties. Liens created under the former Act continue to apply.

In force: On proclamation

Summary: Appropriation of funds from the General Revenue Fund for expenses of the Legislative Assembly, Capital Investment, Lottery Fund Payments and Salary Contingency Transfers.

In force: March 24, 2005

Stray Animals Amendment Act, 2005 Bill 33

Municipal Government Amendment Act, 2005 Bill 28

Amends: Stray Animals Act, R.S.A. 2000, c. S-20 Summary: Livestock is redefined. Provisions pertaining to liability for trespassing livestock are amended. Owners or occupiers of land on which livestock is trespassing must notify owner or last person in possession of livestock as soon as possible of the capture and confinement of the livestock. The Inspector is given authority to distribute money received from the owner of livestock to pay expenses of person who captured livestock. Rules for disposition of proceeds of sale of livestock are amended. A trust fund is created into which excess or unattributable proceeds of sale of livestock may be deposited and from which expenses from other such sales resulting in a shortfall may be paid.

Part 3 is renamed Protection of Property from Dogs and Designated Animals. New definition is created for “designated animals”. Lieutenant Governor in Council is given authority to classify designated species as designated animals and to make regulations pertaining to designated animals. The maximum fine for permitting livestock to stray onto highways is increased to $2 000.

In force: On proclamation

Amends: Municipal Government Act, R.S.A. 2000, c. M-26 Summary: The definition of tax is slightly revised. Assessments are permitted for various businesses and residences that may exist on land held by the Crown in right of Alberta. Rules pertaining to Assessment Notices are altered. The Minister is given increased powers to make regulations. Each council is given the authority to impose a new Community Aggregate Payment Levy and Community Revitalization Levy.

In force: Various dates Assured Income for the Severely Handicapped Amendment Act, 2005 Bill 29 Amends: Assured Income for the Severely Handicapped Act, R.S.A. 2000, c. A-45 Summary: The amount of a handicap benefit may be varied in accordance with the regulations to take into account whether the person who receives or is eligible to receive the handicap benefit has a spouse or cohabiting partner or dependent children, or both. As well, the number of dependents can be taken into consideration.

In force: June 2, 2005

Insurance Amendment Act, 2005 Bill 34 Amends: Insurance Act, R.S.A. 2000, c. I-3 Summary: New definition is created for “extra-provincial Crown insurer”. The Crown is granted immunity for any loss or damages arising in respect of reform amendments. All existing and future actions pertaining to reforms are extinguished without costs. Extra-provincial Crown insurers are given eligibility to be licensed. The Minister is given authority to make regulations pertaining to extra-provincial Crown insurers and for the establishment of procedures in respect of receiving, handling and resolution of complaints. Superintendent may issue guidelines and interpretation bulletins. Insurers must be members of the General Insurance OmbudService.

In force: June 2, 2005

Appropriation (Interim Supply) Act, 2005 Bill 30 Summary: Allocation of funds from the General Revenue Fund for expenses of the Legislative Assembly, equipment and inventory purchases, Capital Investment, Non-budgetary disbursements and Lottery Fund payments for the fiscal year ending March 31, 2006.

In force: March 24, 2005 Real Estate Amendment Act, 2005 Bill 31

Employment Pension Plans Amendment Act, 2005 Bill 35

Amends: Real Estate Act, R.S.A. 2000, c. R-5 Summary: Provisions are added respecting eligibility of certain person to apply for compensation from the Real Estate Assurance Fund. Rules for payments being made from the Real Estate Assurance Fund are also created. Regulation making powers are amended. The amended Act only applies in respect of judgments granted after coming into force of the Amended Act. In force: May 10, 2005

Amends: Employment Pension Plans Act, R.S.A. 2000, c. E-8 Summary: There are numerous new definitions and interpretation provisions. The position of Deputy Superintendent of Pensions is created who has all the powers, duties and functions of the Superintendent. Provisions are put in place for the removal of a plan administrator and the appointment of a temporary one where the Superintendent cannot locate the administrator, the plan does not have an administrator, the administration fails to comply with the Act, the security of the plan is in jeopardy or it is in the best interest of plan members to do so.

The amendments give the superintendent of pensions more powers to ensure that private-sector pension plans are being properly funded and administered. The Superintendent is given additional enforcement powers if problems arise. Plan members have the ability to access information and see the financial status of their plan. Plan members have access to the audited financial statements, any management report that the superintendent of pensions has delivered following a plan examination, and they have advance notification of any proposed amendment to a plan that would adversely affect them.

Administrators have an increased duty to provide disclosure and access to plan members. Plans which relocate registration to Alberta must ensure compliance with the Act within 60 days of

Animal Keepers Act, 2005 Bill 32 Amends: Possessory Liens Act, R.S.A. 2000, c. P-19 Repeals: Livery Stable Keepers Act, R.S.A. 2000, c. L-14 Summary: Animal keepers are given lien rights and priority over the Personal Property Security Act or other charge pertaining to the animal or gear in relation to which debt is incurred. Animal keepers are given the right to limit the lien to one or some of the animals over which the lien rights apply. Owners of animals must discharge debts to animal keepers within 14 days of debt being incurred. Animal keepers must give at least 14 days notice to the owner, where the owner is known, or, where the owner is not known, by publishing notice in a newspaper, of any proposed sale of animals or gear. Where the animals being sold are horses or cattle notice must be provided to the Minister. Rules pertain-

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being requested to do so by the Superintendent. Where registration of an amendment to a plan is rejected by the Superintendent the Administrator must cancel the amendment retroactively and reverse any transactions made under the amendment. The portability of the commuted value of benefits is amended. New rules are put in place for designated beneficiaries and waiver of rights. An entirely new section is added setting out procedures for dealing with distribution of funds from a terminating plan where there are missing persons who are beneficiaries of the plan.

In force: On proclamation, with exceptions

amended. Pharmacies and dispensers are required to keep records and, on request, produce records as required by regulations. Drugs can only be compounded, dispensed or sold by licensed pharmacies with an appropriate category of licence, with the exception of drugs distributed to patients by health care institutions. Special licences are required for each of mail order, community, compounding and satellite pharmacies. Restrictions are placed on providing drugs to recipients outside of Alberta. Applicants who are refused a certain class of licence can apply to have the decision reviewed. A licensee must inform the registrar of who is employed in the pharmacy and of any changes in employees. There must always be a registered pharmacist in attendance while the public has access to a pharmacy. The Court is able to appoint temporary custodians to manage pharmacies that are nocompliant. Inspection provisions are modified. Complaint and investigation procedures are amended. The procedures for dispensing of certain drugs are modified.

In force: June 2, 2005

Police Amendment Act, 2005 Bill 36 Amends: Police Act, R.S.A. 2000, c. P-17 Summary: Several definitions are amended. The Minister is given increased powers and responsibility to establish and ensure policing standards are met, as well as ability to appoint police officers. The maximum population by which a community receives policing at no charge is increased to 5 000. Communities larger than 5 000 can be authorized to enter into policing agreements with the province under a cost-sharing basis and establish policing committees. The Law Enforcement Review Board is given increased jurisdiction to conduct reviews of decisions of a commission. Rules pertaining to the selection and establishment of a police commission are amended. Each commission and committee must designate a Public Complaint Director.

Commissions and police chiefs are given additional powers to deal with complaints. As well, an informal complaint resolution process is established. Complainants must be kept advised as to the status of the complaint. Serious complaints must be brought to the attention of the Minister and commission as soon as possible and the Minister is given broad authority to investigate such a complaint.

In force: June 2, 2005

Traffic Safety Amendment Act, 2005 Bill 39 Amends: Traffic Safety Act, R.S.A. 2000, c. T-6 Summary: Several definitions are modified. The confidentiality and management of driving abstracts, accident reports and other driver information is tightened. Failure to attend before the Board may result in committal for contempt and the Court may compel attendance. Appeal procedures are set out for decisions of the Registrar pertaining to permits, inspection facilities and other matters.

Driving a vehicle without the consent of a registered owner is deemed to be driving an uninsured vehicle. Minimum imprisonment for failure to pay the fine for driving an uninsured vehicle is increased to 45 days. Fines for subsequent contraventions within 5 years are increased. Provisions are instituted for confidential reporting of unsafe and unqualified drivers. Special constables are given increased powers. Maximum speed provisions are put in place for construction zones and for passing stopped emergency vehicles. An operating authority certificate is required for operating commercial vehicles used to transport 10 or fewer passengers on a highway. Provisions relating to the disposition of fines and penalties are amended.

Information gathered from vehicle recording devices is permitted to be used as evidence in prosecutions under the Act. Vehicle seizure and immobilization rules are amended.

In force: On proclamation

Financial Statutes Amendment Act, 2005 Bill 37 Amends: Fiscal Responsibility Act, R.S.A. 2000, c. F-15, Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c. A-21, Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A. 2000, c. A-22, Alberta Heritage Savings Trust Fund Act, R.S.A. 2000, c. A-23, Alberta Heritage Scholarship Act, R.S.A. 2000, c. A-24 Summary: Part 1 redefines “expense” of the Crown and exempts any amount paid or payable for First Nations settlements from “actual expenses”. The Contingency Allowance is adjusted to at least 1% of revenue. A debt retirement account is established to repay accumulated debt which, at each fiscal year end, must be equal to or greater than the amount of accumulated debt.

Part 2 gives the Minister of Finance authority to pay up to $500 000 000 into the Endowment Fund.

Part 3 enables the Minister of Finance to pay into the Endowment Fund the increase referred to in section 8 of the Access to the Future Act, with wide discretion.

Part 4 enables the Minister of Finance to transfer up to $3 000 000 000 for allocation to accounts referred to in the Access to the Future Act, with wide discretion.

Part 5 enables the Minister of Finance to pay into the Alberta Heritage Scholarship Fund the increase referred to in the Access to the Future Act with wide discretion.

In force: May 10, 2005

Alberta Personal Income Tax Amendment Act, 2005 (No. 2) Bill 40 Amends: Alberta Income Tax Act, R.S.A. 2000, c. A-30 Summary: Increases the credit available to low- and middle-income families. The entry threshold to receive the Alberta family employment tax credit is reduced to $2 760 from $6 500. The credit is also extended to more children in the family. The third child will qualify for up to $300 and the fourth for up to $100. The maximum credit for the first child is increased from $500 to $550. The Alberta family employment tax credit is also indexed to inflation.

In force: Various dates Appropriation Act, 2005 Bill 41 Summary: Allocation of funds from the General Revenue Fund for expenses of the Legislative Assembly, equipment and inventory purchases, Capital Investment, Non-budgetary disbursements and Lottery Fund payments for the fiscal year ending March 31, 2006.

In force: June 2, 2005

Pharmacy and Drug Amendment Act, 2005 Bill 38 Amends: Summary:

Pharmacy and Drug Act, R.S.A. 2000, c. P-13 Several new definitions are added and others are

7

Smoke-free Places Act, 2005 Bill 201 Repeals: Protection from Second-hand Smoke in Public Places Act, R.S.A. 2000, c. P-30 Summary: No person is permitted to smoke in a public place, workplace, portions of a private residence used as a workplace with employees, or a public vehicle unless a manager has designated the public place or workplace, or a portion thereof, a smoking area. Signs must be posted indicating that smoking is permitted and minors are prohibited from entering. Some exceptions are made for smoking in specified rooms of in-patient or group living facilities, provided certain requirements are met. Managers of places where smoking is prohibited have a duty to not permit smoking in that place. In prosecuting an offence, the justice may infer that the product being smoked was tobacco in the absence of evidence to the contrary.

Municipal by-laws may supplement this Act if the effect is to provide greater protection for non-smokers.

Where conflict arises between this Act and a municipal by-law the more restrictive provision prevails.

The Act does not apply to private residences or affect the rights of aboriginal people to practice traditional spiritual or cultural ceremonies.

In force: On proclamation Protection of Children Abusing Drugs Act, 2005 Bill 202 Summary: The guardian of a child may apply to the Court for an apprehension and confinement order if, in the opinion of the applicant, the child is abusing alcohol or drugs. The Court must review such an application and make a determination as to whether the child is in need of treatment. If an Order is granted the child can be apprehended and confined for no more than 5 days. The Court will also direct the Commission to assess whether the child requires treatment. While confined the Commission may treat the child and set up a treatment plan for the child upon release.

A child has a right to apply for a review of the Court Order and the right to contact legal counsel.

Any person may be excluded from a hearing if the Court finds that person’s attendance unnecessary. There is a publication ban on all hearings under this Act. Witnesses can be compelled to attend hearings under this Act. In force: July 1, 2006

LEGISLATIVE REVIEW COMMITTEE E. Mirth, Q.C. – Chairman C. R. Head – Secretary C. D. Johnson – Calgary Chairman E. Mirth, Q.C. – Legislative Officer With Thanks to Robert Sera and Jeremy Taitinger

Edmonton W. Benjamin Russell Grant Dunlop Gordon D. Sustrik Richard T. Reeson, Q.C. Rob M. Curtis, Q.C. C. R. Head Debbie A. Yungwirth Kismet Fung Paul Moreau Sandra Peterson

Cal Johnson

Amends: Alberta Housing Act, R.S.A. 2000, c. A-25, Child, Youth and Family Enhancement Act, R.S.A. 2000. c. C-12, Civil Enforcement Act, R.S.A. 2000, c. C-15, Employment Standards Code, R.S.A. 2000, c. E9, Energy Statutes Amendment Act, S.A. 2003, c. 18, Government Organization Act, R.S.A. 2000 c. G-10, Land Titles Act, R.S.A. 2000, c. L-4, Mines and Minerals Act, R.S.A. 2000 c. M-17, Queen Elizabeth II Golden Jubilee Recognition Act, S.A. 2002, c. Q-0.5, School Act, R.S.A. 2000 c. S-3 Summary: Amends several Acts. Various definitions are modified and several Acts have minor changes.

There are no significant amendments to any of the Acts. Of note are the following: Civil Enforcement Act – enforcement creditors are given 30 days to respond to a notice of release or discontinuance. Queen Elizabeth II Golden Jubilee Recognition Act – the maximum number of scholarship recipients is removed, to be set out in regulations.

In force: June 2, 2005, with exceptions

E. (Sonny) Mirth, Q.C.

Miscellaneous Statutes Amendment Act, 2005 Bill 42

Pharmacy and Drug (Methamphetamine Limiting) Amendment Act, 2005 Bill 204 Amends: Pharmacy and Drug Act, R.S.A. 2000, c. P-13 Summary: Products containing ephedrine, pseudoephedrine or their salts must be sold and stored in accordance with section 32(2), which currently states that they must be sold by a licensed pharmacist and stored in the prescription department of a pharmacy.

In force: On proclamation

The Legislative Review Committee is a joint committee of the Law Society of Alberta and the Canadian Bar Association Alberta. It hasfilled a role in the legislative review process in Alberta for over 30 years. The Committee reviews all bills introduced in the Alberta Legislature and provides comments and assistance to both government and the bar on drafting and operative aspects of legislation and amending legislation. The Committee is often called upon confidentially to give legal practitioners’ input on draft legislation and regulations.

The Committee draws upon practitioners with a wide range of practical experience, some of whom have served for many years. It also, through its Legislative Liaison Officer, facilitates input by CBA sections, the Law Society, and business and community groups.

E.M.

Calgary Cliff Shaw, Q.C. William C. Ranson Bruce H. Jackson, Q.C. Martin Kay, Q.C. Bernie Roth Stacy Petriuk Al Lucas Joy Stuber Sandy Hildebrand Chris Manderville Kathleen Rockwell R. Neil Brown Ex Officio: Jack Dunphy, Q.C. H.A. Robertson, Q.C.